Girault v. Feucht

Citations

• 117 La. 276
• 41 So. 572
• 1906 La. LEXIS 687

Syllabus

<p>1. Vendor and Purchaser — Contract—Description oe Property.</p> <p>As between the parties to a private sale, the following is a sufficient description. “The property and all improvements thereon situated' in square bounded by St. Louis, Toulouse, Rampart and Basin streets, and known as Nos. 500‘ to 506 Basin street.”</p> <p>[Ed. Note. — For cases in point, see vol. 48-Cent. Dig. Vendor and Purchaser, § 27.]</p> <p>2. Same — Examination of Title. . „</p> <p>. In a promise of sale, a clause which stipulates that part of the price is to be deposited in bank in the joint names of the parties until the title is examined, and to be paid to the vendor when the act of sale is passed, or to.be returned to the vendee in the event the title is rejected, does not constitute a purely potestative condition. It means nothing inore, than that the sale is made subject to examination of titles.</p> <p>3. Specific Performance — Promise of Sale.</p> <p>A. promise of sale amounts to a sale, and specific performance of it will be enforced.</p> <p>[Ed. Note. — Eor cases in point, see vol. 44, Cent. Dig. Specific Performance, §§ 191-198.].</p> <p>(Syllabus by the Court.)</p>